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Record Nr. |
UNINA9910452764703321 |
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Autore |
Cotter Thomas F. <1961-> |
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Titolo |
Comparative patent remedies [[electronic resource] ] : a legal and economic analysis / / Thomas F. Cotter |
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Pubbl/distr/stampa |
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Oxford ; ; New York, : Oxford University Press, c2013 |
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ISBN |
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Descrizione fisica |
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1 online resource (467 p.) |
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Disciplina |
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Soggetti |
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Patent infringement |
Remedies (Law) |
Patent suits |
Electronic books. |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Cover; Contents; Preface; 1. Introduction; What Patents Are; International Obligations; Benefits and Costs of Patent Systems; On Comparative Law and Economics, and the Plan of This Book; Identifying Differences and Similarities; Positing Possible Reasons for the Differences; Positive Analysis; Normative Analysis; 2. A Framework for Patent Remedies; The Impact of Infringement; Some General Implications; Implications: Injunctive Relief; Implications: Damages; Summary; 3. Patent Remedies in the United States; Overview. The U.S. Patent and Judicial Systems; Patent Remedies: Historical Development |
InjunctionsDamages; Damages: Lost Profits; Damages: Reasonable Royalties; Enhanced Damages; Attorneys' Fees, Costs, and Interest; Awards of Infringer's Profits in Design Patent Cases; Declaratory Judgments; Summary; 4. Patent Remedies in the United Kingdom, Canada, and Australia; Introduction; Overview; Patent Remedies: An Overview; Injunctions; Damages; Lost Profits; Reasonable Royalties; Accounting of Defendant's Profits; Enhanced Damages, Attorneys' Fees, and Interest; Declaratory Judgments, Oppositions, and Invalidation Proceedings; Summary; 5. Patent Remedies in Continental Europe |
IntroductionOverview; Remedies; Preliminary and Permanent Injunctions; Cross-Border Injunctions and Torpedo Actions; Damages: General Considerations; Damages: Lost Profits; Damages: Reasonable |
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Royalties; Defendant's Profits; Enhanced Damages, Attorneys' Fees, and Interest; Oppositions, Invalidation Proceedings, and Declaratory Judgments; Summary; 6. Patent Remedies in Japan; Introduction; Overview; Patent Remedies: An Overview; Preliminary Injunctions, Permanent Injunctions, and Border Measures; Damages: Overview; Lost Profits; Reasonable Royalties; Defendant's Profits |
Enhanced Damages, Attorneys' Fees, and InterestInvalidation Actions and Declaratory Judgments; Summary; 7. Patent Remedies in China and Selected Other Patent Systems; Introduction; China: Overview; China: Remedies; China: Injunctions; China: Damages; China: Invalidity Proceedings; South Korea and Taiwan; India; Summary; 8. Conclusion; BIBLIOGRAPHY; TABLE OF CASES; INDEX; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; Q; R; S; T; U; W |
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Sommario/riassunto |
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Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-ter |
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